date

15 August 1804 Procedure Evils
15 August 1804

Procedure

Evils Cause

False ends

'2 points common

2. Wrongful decision - Officers

As to the abundant officers of justice, executive and recordative, not being responsible for the acts of their superior the judge not being the better in reputation for the reputed justice or the worse for the reputed injustice of his decisions - the responsibility of each being confined to the duties of his own particular office, the abstract justice or injustice of the /those/ decisions will in respect of their respective personal interests be nearly /thus far altogether/ a matter of indifference.

If in their instance as well as in that of the judge the quantity of official instrument(?) rises and falls in any proportion worth regarding with the quantity of business, in such case in so far as the general reputation of the court may be afforded by the particular reputation of this or that subordinate office, the officer will have an interest in the reputation of his /such/ office, and interest similar to that which, as above /already/ observed, is possessed by the judge. But as official power diminishes, so of course, will the value of official reputation in this time /considered in this particular point of view/.
Similar Items
  • Title: [14 August 1804 Procedure Evils]
    Description: 14 August 1804

    Procedure

    Evils causes

    False Ends

    Lawyers' interest

    '2 Points common

    2. ------ of justice by wrongful decision

    2. Injustice by /in the shape of/ wrongful decision, in so far as it is apparent - as the wrongfulness of the decision is apparent: and thence the nullity of wrongful decision /of injustice/ in so far as the nullity gives /it is the effect of the nullity to give/ birth to the appearance.

    Confirming his view to the decision itself, together with its consequences to the parties and the public /the public included/ the justice or injustice of it will to the separate interest of the man of law be a matter of utter indifference. To discover how it affects that interest /that interest is affected/, we must look at the same time to its collateral consequences to himself and its causes.

    A distinction must here be made /on this occasion/ /for this purpose/ between the official lawyer and the professional: send away official lawyers between the judge and his subordinate officials, executive and recordative.

    The object in which a judge as such has /a personal/ an interest is - not justice, but the reputation of justice. The distinction not as it may appear, is not in itself, and most important in its consequences. Be the injustice of his decisions ever so flagrant - ever so constant, let them not be looked upon as unjust let the injustice of them not be imputed to him, as having blame on his part for its cause, to him, in respect of his personal interest, it will be a matter of indifference. Be his decisions ever so exactly conformable to the dictates of justice let them be looked upon as generally or even frequently unjust, and the injustice as having blame on his part for its cause, his reputation will in proportion suffer, and according to the regard paid by the sovereign in the state in question to the course of justice, his security as against punishment for malversation in his office. As to his reputation, the degree of actual injustice by which his conduct is marked being given, his reputation will be more or less apt to be a---ed by it, according to the degree of publicity given to the proceedings of his court and the ------- that is the intelligence and public ------ of the public before which he acts.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    ch. Lawyers' interest

    '4 Different ranks

    '4 Differences in the interests of the different classes of men of law.

    For shortness, the man of law has hitherto been mostly considered as one person: but for clearness, and conciseness /accuracy/, it will be necessary to decompose him before we ---- ---- /we can dismiss him altogether/.

    Division of lawyers into official and professional: division of official into governing to wit judges and subordinate: division of subordinate ministers of justice into executive and recordative. Division of professional into silent(?) agents - Attornies under their normal denomination - and speaking or advisory agents, Advocates and counsellors: the latter two functions in themselves distinct enough but in general invested in one person; and in particular in English law.

    The office /authority/ of judge -- may in each court be either filled by a single person, or divided /shared/ amongst several: but still for shortness, unless where any thing turns upon division, the singular number must be alone employed: in the judge, and not judges or the judges must be the phrase.

    In the judge and him alone we see the person by whom whatsoever decision comes to be given, is pronounced - by whom in consequence whatsoever ---- /portion of the body of the -----/ is made in the form of jurisprudential law is made. By the /From the sinister/ interest of no other class /species/ of lawyers can the body of the law receive /undergo/ any /--/ modification any other case /in any ---/ than as their interests are adopted by him, and made to become his.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    Lawyers' interest

    '2 points common

    3. Adjudication etc.

    The interest of the professional lawyer /lawyers/, and in particular of the Advocate is affected in again a different way by justice and injustice. With the abstract /by the real and/ justice or injustice of the decisions /proceedings/ his personal interest has no connection whatsoever. By the degree of reputation for justice possessed by the court in which he practices /in respect of the aggregate of his decisions/ his interest is served in the case in the interest of the judge in respect of personal reputation is served by it, as above. Whatever serves to increase the business of the court in which the advocate practices, gives /produces/ thereby an additional source for encrease of business to the Advocate.

    But as far as [concerns] reputation is concerned /at stake/ - in such particular cause in which he is actually concerned /engaged/, so that the decision pronounced be given in his favour, his interest is still better served by the reputation of its injustice than by the reputation of its justice. In medicine the more desperate the case the greater the glory to the physician who effects /-----/ a cure /treats it with success and triumphs over the disease/. In the practice of the law, the more desperate the case, the greater the glory of the lawyer who treats it with success and triumphs over justice.

    In p-----ty in some future age /time/ it will be matter of surprize to observe /observed not without surprize/, that in an age ---------- adorned in civilisation, and in a country claiming the ----- of her ----- above all other nations, a class of men should be found so far destitute it will be said of all regard for morality - of all sense of shame, as to find a source of undissembled self-complacency and exultation, to have rendered ------ ------ contributory to the production of injustice. Their surprize will be wrought to a ----- higher pitch, when they come to observe, in that very class the governing class, when further it was ------ to ----- /execute/ the law, but to ---- law for all the rest.